Family of shocked Dover student files suit against teacher, school district, city

Tuesday

Aug 31, 2010 at 3:15 AMAug 31, 2010 at 8:39 AM

By JOEY CRESTAjcresta@fosters.com

DOVER — The family of the Dover High School student shocked in his electrical trades class last school year has filed a lawsuit alleging negligence on the parts of the teacher, school district and city of Dover.

Documents filed in Strafford County Superior Court on Friday indicate Robert and Sandra DuBois, parents of 18-year-old Kyle DuBois, are seeking compensation for medical expenses, lost income due to time away from work and other damages related to their son being shocked in his electrical trades class on March 11. The lawsuit claims DuBois critically injured himself because of his teacher Thomas Kelley's failure to properly warn of the dangers of electrical currents.

DuBois was hospitalized after receiving a serious electrical shock while in class on March 11. On a dare, DuBois clipped alligator clips to his nipples and received a severe shock that caused him to stagger and collapse, the lawsuit says.

The incident resulted in DuBois being sent to Wentworth-Douglass Hospital, where he was diagnosed as having an "out of hospital electrocution resulting in cardiac arrest, unresponsive state and respiratory failure," according to the lawsuit.

He was later taken to Massachusetts General Hospital, where doctors drilled a hole through his skull to permit the insertion of a probe to monitor internal pressure, the lawsuit says. He was released from the hospital March 16.

Kelley was allegedly aware of the dare and less than eight feet away when DuBois was shocked, the lawsuit says. Authorities said Kelley immediately performed CPR and, according to the lawsuit, responding emergency personnel found DuBois' heart had stopped.

Court documents say DuBois suffered brain damage due to the heart stoppage. He has short-term memory loss and "other losses and disruptions" as a result, the lawsuit states.

The lawsuit claims Kelley was negligent in that during more than one class session, he conducted experiments that belied the dangers of electrical currents. He had students hold hands in a semicircle, with students at either end of the chain holding an end of an electrical cord plugged into an ordinary household outlet, causing the current to flow through the students. The lawsuit alleges this "reckless" act on the teacher's part led DuBois to believe the transmission of an electrical current through a person by this activity caused only a tingling sensation.

Kelley also told the students the classroom was fitted with protected circuits at the workstations to prevent harmful or fatal shocks, the lawsuit says.

On the day of the shock incident, DuBois had finished his book work and moved on to various projects in the back of the classroom. Students began playing with the electrical cord and shocking themselves, according to the lawsuit.

Kelley not only knew what the students were doing, but according to the lawsuit, may have played a part in the dare that resulted in DuBois' injuries. The lawsuit claims "One student heard Mr. Kelley state that Kyle should try it with his nipples and that he, Mr. Kelley, would give him a Mountain Dew if he did so."

Multiple students told police Kelley was involved in the dare. However, DuBois defended his teacher in recorded interviews with police. He said it was a fellow student who dared him and offered him a soda.

Kelley's version of events was slightly different. He claimed DuBois asked him for a Mountain Dew, but replied he did not have any.

Police interviews with both DuBois and Kelley were released to media outlets during a period of intense scrutiny around the case.

Kelley, a certified teacher and master electrician, later resigned as a result of the incident. Police filed no criminal charges after a thorough investigation.

The lawsuit alleges Kelley breached his duties as a teacher by failing to understand the hazard the electrical cord posed, failing to provide adequate care and supervision to his students, failing to adequately warn them of the dangers posed by electricity and negligently misrepresenting the capacity of the circuits, outlets and electrical cords used in the class.

As Kelley's employer, the school district is named as liable for Kelley's alleged negligence. The school district is also cited on allegations it was negligent in failing to exercise due care in hiring, training and supervising the teacher, and negligent in failing to provide a safe classroom environment for its students.

Finally, the lawsuit lists the City of Dover as a defendant in this case due to its ownership over Dover High School. The lawsuit alleges negligence on the city's part for failing to provide a safe environment for those occupying the building.

Dover School District Superintendent Jean Briggs Badger declined to respond to the allegations levied against the district on Monday. She was not in charge of the district when the incident occurred and referred all questions to the district's attorney, Corey Belobrow.

Belobrow has a policy against speaking about pending cases and declined to comment.

The DuBois family's attorney, R. David DePuy, was unavailable for comment Monday. The family did not return a call seeking comment.

Court records indicate a return date on this case of Nov. 2.

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